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Swiss Step Up National Debate Over Bank Secrecy
Osmond Plummer
26 February 2009
The problems facing UBS are starting to generate debate in
For too long, the response to any question related to banking secrecy has been a blanket assurance that this tradition will stay. However, the matter is finally being discussed and the debate as to the legal distinction between tax evasion and tax fraud – and whether it can be maintained in the face of the current international pressure – has been joined. Whilst various politicians have been quite vocal, the government has been silent on the subject, save to announce on Tuesday this week that Eveline Widmer-Schlumpf, the federal minister for justice, will travel to Washington next Monday for talks with Eric Holder, the US attorney general. The Swiss-US meeting is officially designed to discuss prevention of financing terrorists and organised crime but no-one is suggesting that this will be the only item on the agenda. It is also rumoured that there will be a government-created “task force” to review the banking secrecy laws. There has been no shortage of advice from politicians but two main ideas have come to the fore. One idea is the simple removal of the distinction between tax fraud and tax evasion. Whether this would apply for Swiss residents as well overseas clients is a sticking point as the Swiss traditionally jealously protect their privacy. This has resulted in many people calling for a review rather than specific action. The other proposal is to conclude an agreement in the style of the European Savings Tax Directive with the
In a local newspaper interview, Ivan Pictet, president of the Foundation “Genève Place Financière”, suggested that removing the distinction between evasion and fraud in tax matters could reduce private banking assets in Switzerland by up to a half. According to Mr Pictet: “The 140 foreign banks in
That matters have come to this stage is being attributed to the lack of agreement between the finance minister Hans-Rudolf Merz and FINMA, the Swiss regulator. Last week, the regulator allowed transfer of details of 250 client accounts to the
WealthBriefing spoke with Dr Alain Bischel, a spokesperson for FINMA, and asked him on what basis FINMA had given the information to the
When the
This outcome represents a pragmatic approach on the part of FINMA which is contrary to the legalistic approach of the Tribunal. It also strengths further the appeal of smaller Swiss private banks with few international branches. Larger banks like UBS have to face an issue that was summed up rather well by Mr Pictet: “If you aim to be a large investment bank in the US, you should not take any risk with your private banking activity in that country which is very sensitive to money flowing overseas.” For now the battle over Swiss bank secrecy is on-going. Expect a number of skirmishes before the result is known.